22 votes

Squishmallows vs. Build-A-Bear, the cutest legal scuffle ever, is heating up

14 comments

  1. [4]
    RheingoldRiver
    Link
    Aren't squishmallows themselves copycats of Squishables? I remember squishables trending for a few months and then a huge proliferation of copycats coming into existence.

    Aren't squishmallows themselves copycats of Squishables? I remember squishables trending for a few months and then a huge proliferation of copycats coming into existence.

    22 votes
    1. chocobean
      Link Parent
      Oh, I thought they were the same things. Now that I look at the differences, I don't have a single Squishable. My -mallow collection began with Costco 6 pack and soon after I saw them everywhere....

      Oh, I thought they were the same things. Now that I look at the differences, I don't have a single Squishable. My -mallow collection began with Costco 6 pack and soon after I saw them everywhere. Squishables seem to be more rare

      10 votes
    2. [2]
      Tigress
      Link Parent
      I don't know, but I gotta say those squishables look way better/higher quality than the squishmallows/build a bear thing which look blah to me.

      I don't know, but I gotta say those squishables look way better/higher quality than the squishmallows/build a bear thing which look blah to me.

      9 votes
      1. NPC
        Link Parent
        Our house is full of both Squishables and Squishmallows. Each has their appeal. The Squishables have a lot more substance to them, and return to their basic round shape pretty easily. They're...

        Our house is full of both Squishables and Squishmallows. Each has their appeal. The Squishables have a lot more substance to them, and return to their basic round shape pretty easily. They're great for leaning against, propping my legs up on, or setting a book on top of while reading.

        The Squishmallows are, amusingly, actually the more squish-able product. They are significantly more squishy, lacking the greater substance of the former product. They're great for surrounding yourself with and just getting snuggly.

        6 votes
  2. [4]
    chocobean
    Link
    Seeing the side by side comparison animals, they clearly look like inferior cheap knock offs. The shape is wrong for one thing. The faces are clearly less cute as well. Even if they weren't direct...

    Seeing the side by side comparison animals, they clearly look like inferior cheap knock offs. The shape is wrong for one thing. The faces are clearly less cute as well. Even if they weren't direct copies they're just not anywhere near as cute. I hope they lose a bunch fo money even if they don't lost the lawsuit.

    Not a legal expert though: it does sound difficult to trademark "round squishy stuffy".

    12 votes
    1. [3]
      feanne
      Link Parent
      I agree, Squishmallows are cuter :)) but yeah I'm not sure if they are similar enough to make a strong lawsuit. It does help Squishmallows' case that people mistake Skoosherz for Squishmallows. I...

      I agree, Squishmallows are cuter :)) but yeah I'm not sure if they are similar enough to make a strong lawsuit. It does help Squishmallows' case that people mistake Skoosherz for Squishmallows.

      I love the idea that there are poker-faced lawyers and judges constantly saying these cutesy brand names during court proceedings, and I assume they have to keep their serious faces and voices on the whole time, too.

      12 votes
      1. chocobean
        Link Parent
        *giggles Your Honour, clearly, these Skooshwerz are an inferior attempt to evoke the adorable squee feelings when one snuggles with a Squishmallow Objection! To freely squee is everyone's god...

        *giggles

        Your Honour, clearly, these Skooshwerz are an inferior attempt to evoke the adorable squee feelings when one snuggles with a Squishmallow

        Objection! To freely squee is everyone's god given right and the opposition have no monopoly on cuteness! Look at Exhibit A, Mr Wuffles: is Mr Wuffles not independently squee-filled and delightfully squishmall-- I mean, Squishable?

        Etc.

        8 votes
      2. RheingoldRiver
        Link Parent
        My first thought when I saw that is that some of these comments are probably faked to help Squishmallows' case

        It does help Squishmallows' case that people mistake Skoosherz for Squishmallows.

        My first thought when I saw that is that some of these comments are probably faked to help Squishmallows' case

        7 votes
  3. [5]
    chizcurl
    Link
    I think Build-A-Bear just needs to change the colors available for their Skoosherz toys. (The name "Skoosherz" is also kinda dumb, but that's beside the point.) Its art style is noticeably...

    I think Build-A-Bear just needs to change the colors available for their Skoosherz toys. (The name "Skoosherz" is also kinda dumb, but that's beside the point.) Its art style is noticeably different from Squishmallows. Sure, Squishmallows doesn't own the copyright on axolotls and cows. But the colors are eerily similar. I think that's what gives Skoosherz the biggest copycat energy.

    9 votes
    1. [4]
      Habituallytired
      Link Parent
      I agree, though Axolotls are usually depicted as pink or green or blue (in their very light versions) as kawaii creatures. Pink is an obvious choice, and I don't fault them for using it. A...

      I agree, though Axolotls are usually depicted as pink or green or blue (in their very light versions) as kawaii creatures. Pink is an obvious choice, and I don't fault them for using it. A different hue of pink might have helpted them though.

      I personally prefer the sqooshers (or however you spell them) for their shape, but I have a few reversible halloween axolotl from teespring that I love even more, and it's generally the same thing, just reversible.

      2 votes
      1. [2]
        Tannhauser
        Link Parent
        Axolotls can be white/pink naturally, so I think it's very reasonable that companies would have the same general color schemes for a cute axolotl (I feel like far fewer people would want a brown one).

        Axolotls can be white/pink naturally, so I think it's very reasonable that companies would have the same general color schemes for a cute axolotl (I feel like far fewer people would want a brown one).

        6 votes
      2. chizcurl
        (edited )
        Link Parent
        I didn't realize that cute depictions of axolotls are usually pink! I see it now that I'm looking them up. Isn't this type of plush "currently trending" because of Squishmallows, a main...

        I didn't realize that cute depictions of axolotls are usually pink! I see it now that I'm looking them up.

        “If features such as an egg/bell shape, Asian style Kawaii faces with rounded/oval shaped graphics, embroidered facial features, distinctive contrasting non-monochrome coloring, or short-pile fabric exterior were protected trade dress, it would be virtually impossible for competitors to create alternative toy designs for this item’s purpose,” Build-A-Bear lawyers wrote. “From a toy designer’s perspective, each of these claimed trade dress features is necessary to either depict the various characters or animals, or is necessary to create this category of pillow-type plush that is currently trending.”

        Isn't this type of plush "currently trending" because of Squishmallows, a main competitor? It sounds like someone on the Skoosherz creative team pointed out the design elements creating an unintentional plagiarism effect in a side-by-side comparison, but a higher up told them they don't care and they'll just fight it in court. 🤪 I guess making the axolotl green and the cow purple was too hard lol

        2 votes